Firearms Discharge and Right of Way

I see the MNRF have removed the term Maintained Road and replaced it with Right of Way when referring to firearms Discharge. They do not define Right of Way and now it is up for interpretation. I can see many charges being laid with this Gray area. What are they considering a road with Public Vehicular Traffic. IE Logging cut over areas have many roads but once the logging is complete these roads are not maintained. What about Winter Logging Areas where the roads are impassible when the ground is not frozen or roads not even passible when there is heavy snow cover.

No discharge of firearms from or across the travelled portion of a right of way. Any part of the province not listed below.

No possession of a loaded firearm within eight metres of the travelled portion of a road (or roadside fenceline where one exists) during an open gun season for deer or elk AND no discharge of a firearm from or across a right of way for public vehicular traffic at any time. Lower-tier municipalities of Central and North Frontenac in the geographic area of Frontenac, Haliburton, Hastings (except the single-tier municipalities of Belleville and Quinte West; and thelower-tier municipalities of Centre Hastings, Stirling-Rawdon, Tweed and Tyendinaga), the lower-tier municipality of Addington Highlands in the geographic area of Lennox and Addington, Muskoka, the lower-tier municipalities of Galway-Cavendish-Harvey and North Kawartha in the geographic municipality of Peterborough, Renfrew, the single-tier municipalities of Alberton, Chapple, Dawson, Emo, Fort Frances, La Vallee, Morley, Rainy River and the geographic townships of Morson, McCrosson, Tovell, Dance (excluding Lyons Bay Road and Lost Creek Road), Kingsford (excluding Fleming Road), Miscampbell (excluding Boffin Road), Pratt, Nelles, Spohn and Sutherland all within the Territorial District of Rainy River, and the single-tier municipality of Kenora, geographic townships of Boys, Ewart, Forgie, Gidley, Glass, Gundy, Kirkup, Pellatt and the unorganized area south and east of the geographic township of Boys township, south of the geographic township of Pellatt and west of the single-tier municipality of Kenora to the shore of Lake of the Woods all within the Territorial District of Kenora.

No possession of a loaded firearm within eight metres of the travelled portion of a road (or roadside fenceline where one exists) at any time AND no discharge of a firearm from or across a right of way for public vehicular traffic at any time. Brant, Bruce, Chatham-Kent, Dufferin, Durham, Elgin, Essex (except the single-tier municipality of Pelee), Frontenac (except the lower-tier municipalities of Central and North Frontenac), Grey, Haldimand, Halton, Hamilton, Hastings (except the lower-tier municipalities of Bancroft, Carlow/Mayo, Deseronto, Faraday, Hastings Highlands, Limerick, Madoc, Marmora and Lake, Tudor and Cashel and Wollaston), Huron, Kawartha Lakes, Lambton, Lanark, Leeds and Grenville, Lennox and Addington (except the lower-tier municipality of Addington Highlands), Middlesex, Niagara, Norfolk, Northumberland, Ottawa, Oxford, Peel, Perth, Peterborough (except the lower-tier municipalities of Galway-Cavendish-Harvey and North Kawartha), Prescott and Russell, Prince Edward, Simcoe, Stormont, Dundas and Glengarry, Toronto, Waterloo, Wellington, York.

Could they be saying a right of way being a road allowance? This would be even weirder, if you think about how many concessions that were never put in but the road allowance or road right of way still exists.

The law hasn't changed. The wording of the FWCA has been "right of way" for years.

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Originally Posted by Fox

Could they be saying a right of way being a road allowance? This would be even weirder, if you think about how many concessions that were never put in but the road allowance or road right of way still exists.

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Yes I know of a couple of right of ways that run thru the middle of a field of corn/soy. The right of way is on the road allowance system, but since it only goes a few hundred yards and ends in a cliff or river bank they never put in a road.

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Originally Posted by Snowwalker

Yes I know of a couple of right of ways that run thru the middle of a field of corn/soy. The right of way is on the road allowance system, but since it only goes a few hundred yards and ends in a cliff or river bank they never put in a road.

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The law refers to rights of way open to public vehicular traffic. It does not apply to undeveloped road allowances, etc.

Again, the law has not changed.

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Originally Posted by welsh

The law refers to rights of way open to public vehicular traffic. It does not apply to undeveloped road allowances, etc.

Again, the law has not changed.

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Just saying I know of a few undeveloped ones, not saying a no discharge law applied to them.

Sounds to me that if you can drive your truck down them then you cannot shoot from them....Could put an end to partridge cruising .

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Originally Posted by patvetzal

Sounds to me that if you can drive your truck down them then you cannot shoot from them....Could put an end to partridge cruising .

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That sounds like it to me also? As for cruising, Nah, never done that? That would be illegal? But I always thought "illegal" was just a sick bird?;)

Where we hunt Moose and Deer,old logging roads are still open,but,inactive in and out of the area. Every year,dozens of hunters line the roads waiting for an animal to cross in front of them. When we stay in the bush until almost dusk,driving out back to camp can get a tad dicey. Because those roads don't qualify as maintained public thorough fares,hunting them in that manner is 100% legal. Actually,it's a time honored tradition for the "locals".